Husband rights in 1st wife property after second marriage

This query is : Resolved 
 

Online (Querist)
19 October 2020

sir
Its my Maternal grandfather ancestral property .He died intestate in 1957 leaving my grandmother ,my aunt(1st minor daughter) and my mom(2nd minor daughter)
After his dismise revenue record got mutation to my grandmother name .My mom got married to my father in 1975 and she died during 1979 leaving me as her legal heir.
My father married 2nd time in 1982.
After death of my grandmother intestate in 1992 myself and my aunt family filed a partition suit and divided the land in 2014.
Presently my father's 2nd wife family is threatening me that my father have share in my maternal Grandfather(his Father-in law) ancestral property alloted to me by the court.
My father is still alive.
My queries are as follow:
1.After my grandfather death in 1957 ,the revenue record got changed to my grandmother name.As my grandmother died intestate Myself and my aunt became sole legal heir.How come my father can claim share?
2.Do my father have share in my maternal Grandfather ancestral property(his father-in-law) even after second marriage?


Isaac GabrielOnline (Expert)
19 October 2020

Uusband is having his share over the property of wife after her death along with other legal heirs.

Rajendra K Goyal Online (Expert)
19 October 2020

Facts are similar to your query at:
https://www.lawyersclubindia.com/experts/rights-of-husband-in-hindu-women-property-723226.asp
Is this the same problem posted with different name.

MuthusamyOnline (Querist)
19 October 2020

No sir
I'm ailing from tamilnadu.
Till my mother death the property was not partitioned. Its my grandfather ancestrol property.He had no male heirs.My grandmother hold the revenue documents.
Partitioned happened only in 2014 through Honoruble court

kavksatyanarayanaOnline (Expert)
19 October 2020

The orders passed by the Hon'ble HC have to be verified. Actually, when a partition suit filed by you and your aunt's family, why did you add your father as a party in the partition suit as he is the husband of your mother. So consult a local lawyer with the material you have or enclose here.

SHIRISH PAWAR, 7738990900Online (Expert)
20 October 2020

Hello,

your father has a share in your grandmother's property. However, your stepmother cannot have a share in the property during the life time of your father. Inform your father about the threatening of your stepmother. Try to convince your father.

MadhuOnline (Expert)
20 October 2020

1. I differ with above learned Adv. opinion.
2. Your case revolves around 1) Hindu Succession Act 2) Partition Act 3) Limitation Act and certain irregularities which took place after demise of your maternal grandfather death (here limitation act required to be taken into consideration)
3. In my opinion Your father does not have right on property and I will depend upon Limitation Act heavily in this case.
4. But anyone can file suit and contest but you may succeed

You can contact me personally for guidance and detail explanation of my set of opinion

Dr J C VashistaOnline (Expert)
21 October 2020

Repeated at https://www.lawyersclubindia.com/experts/title-document-and-partition-723191.asp.

J K AgrawalOnline (Expert)
21 October 2020

As per section 15 of HIndu Succession Act your father having no right in property and only you have. So do not afraid of.

No question of limitation involved herein, no question of or partition Act involved herein.

Here property is form NANI and not DADI (sorry that we use poor language having only one word for both) so your father having no right in property.

After death of your mother only sons and daughters have right being property derived from NANI.



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